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"Woman's Autonomy Not Defined By Family Obligation": HC Rejects Father's Plea For Custody Of Adult Daughter Living Separately From Husband
3 months, 2 weeks ago

"Woman's Autonomy Not Defined By Family Obligation": HC Rejects Father's Plea For Custody Of Adult Daughter Living Separately From Husband

Live Law  

Observing that "the identity and autonomy of an adult woman are not defined by her relationships or familial obligations", the Punjab & Haryana High Court has rejected the habeas corpus plea of a father who sought custody of his 30-year-old daughter, allegedly for sending her back to her matrimonial home.Justice Manjari Nehru Kaul said, "the Constitution safeguards her right to …

Constitution Court Habeas Corpus Custody Writ Personal Liberty His Daughter
Courts Where Wife Takes Shelter After Leaving Matrimonial Home Due To Cruelty Can Entertain Section 498A IPC Complaint : Supreme Court
1 year, 1 month ago

Courts Where Wife Takes Shelter After Leaving Matrimonial Home Due To Cruelty Can Entertain Section 498A IPC Complaint : Supreme Court

Live Law  

The Supreme Court recently held that the place where the wife lives and seeks shelter after leaving her husband's home due to cruelty will have jurisdiction to entertain complaints under Section 498-A, depending on the factual situation. Referring to a 3-judge bench decision in Rupali Devi v. State of U.P., 5 SCC 384, the court observed “The Courts at the …

Rajasthan Supreme Court Court Wife Matrimonial Home Chirawa
DV Act | Visits Of Sundry Family Members To Matrimonial Home Without Permanency Would Not Render Them As Members Of Shared Household: Delhi HC
2 years, 7 months ago

DV Act | Visits Of Sundry Family Members To Matrimonial Home Without Permanency Would Not Render Them As Members Of Shared Household: Delhi HC

Live Law  

The Delhi High Court has observed that the visits of sundry family members to the matrimonial home, without permanency or the intention to treat the premises as shared household, would not render them as members of the "shared household" under Domestic Violence Act. Justice Prateek Jalan observed thus: "Just as the woman living fleetingly or casually at different places, would …

Household Court Order Respondent Sec Members Shared
Can't Oust Woman From Matrimonial Home On The Basis Of Summary Proceedings Under Senior Citizens Act: Allahabad HC
3 years, 1 month ago

Can't Oust Woman From Matrimonial Home On The Basis Of Summary Proceedings Under Senior Citizens Act: Allahabad HC

Live Law  

The Allahabad High Court recently made it clear that the wife cannot be ousted from her matrimonial home on the basis of the summary proceedings under the Senior Citizens Act, 2007.With this, the Bench of Justice Vivek Chaudhary came to the aid of a widow by setting aside an eviction order passed against her and her son from her in-laws' …

Eviction House Her Son Citizens Act Senior Court Order
Habeas Corpus Writ At Husband's Behest To Regain Wife Not Available As A Matter Of Course: Allahabad High Court
3 years, 4 months ago

Habeas Corpus Writ At Husband's Behest To Regain Wife Not Available As A Matter Of Course: Allahabad High Court

Live Law  

The Allahabad High Court last week observed that the remedy of the writ of habeas corpus at the instance of a Husband, seeking to obtain possession of his wife is not available as a matter of course. Dealing with the Husband's plea seeking production of his wife, the Bench of Justice Dr. Yogendra Kumar Srivastava observed thus: "In view of …

Court Habeas Corpus Writ His Wife Husband Habeas Corpus